Is Lying On Your Resume "Just Cause" For Being Fired?
Many people think its okay to "fudge" information on their resume; to exaggerate skills or length of experience. But what happens if your new employer finds out you lied? Can your employer fire you without notice for lying on your resume?
The answer, like so many answers when dealing with employment law matters is "it depends". Employment law decisions are highly dependent on the facts so much will turn on things like the extent of the lie, the length of employment, other alleged wrongful conduct etc. A 2014 British Columbia Provincial Court case demonstrates this point.
The employee applied for a job selling forest products. On his resume, he set out his experience in the industry concluding with a statement that he had been self-employed in the industry "until present". His cover letter told a marginally different story. It stated that he was employed in the industry "until recently". The truth was that he had left the industry two years before and was working at unrelated jobs.
Sadly, the employee failed to make a single sale in the first six weeks of his employment and was dismissed from his employment. He sued for wrongful dismissal and the employer defended including in the defence that the employee lied on his resume.
The judge noted that: Every employment contract is subject to an implied term that the employee will faithfully, honestly, and diligently serve the employer. (This can be removed by an express provision in the agreement, but it would be strange for an employment contract to contain such provision.) An employee who commits a fundamental breach of this term has repudiated the contract, and the employer is entitled to dismiss such an employee without notice or compensation.
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Whether an employer is justified in dismissing an employee on the grounds of dishonesty is a question that requires an assessment of the context of the alleged misconduct. More specifically, the test is whether the employee’s dishonesty gave rise to a breakdown in the employment relationship. Just cause for dismissal exists where the dishonesty violates an essential condition of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly inconsistent with the employee’s obligations to his or her employer.
The judge went on to say that although this particular case was "close to the line" the dishonesty had not gone to the core of the employment agreement. The employee had been employed in the industry for a number of years previous to the two year absence.
The Lesson for Employees: Lying on your resume is never wise and is not recommended. It is better to be honest about your skills and qualifications and explain any deficiencies than to have to clean up a mess later. In the instant case, the employee's previous experience likely would have been sufficient to obtain the job without having to lie and would have saved legal costs.
The Lesson for Employers: A lie, especially a minor one that may not go to the heart of the employment relationship may not be sufficient to give cause for dismissal. It is prudent to seek the advice of an experienced employment law lawyer for advice on whether notice is required and what steps must be taken should you decide to dismiss the employee.
Lura v Jazz Forest Products (2004) Ltd., 2014 BCPC 247 https://www.canlii.org/en/bc/bcpc/doc/2014/2014bcpc247/2014bcpc247.pdf
The content and the opinions expressed here is informational purposes only and does not constitute legal or professional advice. Nor does reading or commenting on it create a lawyer/client relationship with the author. I encourage you to contact me directly at adrianlawoffice@gmail.com if you have specific legal questions or concerns.
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